It seems almost everywhere we turn we hear or read about a case, law or government agency taking issue with some aspect of employers' pre-employment screening practices. Some employers who use LinkedIn, Facebook, background checks or other methods to screen employees find themselves at the receiving end of a lawsuit, EEOC or state division of civil rights charge. On the other side of the spectrum, other employers find themselves defending negligent hiring lawsuits, and allegations that they failed to adequately screen problem out employees who may have caused physical harm or financial loss to others. It sounds like a classic no-win situation. What is an employer to do? First of all, do not despair! Next, let's talk about pre-employment screening! What is it? Why do we do it? What are the some of the more common pre-employment screening practices, and what are the more common legal pitfalls?
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